Linear Project Software Terms
Last updated: Feb 28, 2022
Linear Project Software Pty Ltd (“us”, “we”, or “our”) operates the http://www.turbo-chart.com/ website (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address (“Personal Information”).
The purpose for which we collect personal information is to provide you with the best service experience possible on the Service and for our internal business purposes that form part of normal business practices. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Service.
We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
We send a session cookie to your computer when you log in to your User account. This type of cookie helps if you visit multiple pages on the Service during the same session, so that you don’t need to enter your password on each page. Once you log out or close your browser, this cookie expires.
We also use longer-lasting cookies for other purposes such as to display your Content and account information. We encode our cookie so that only we can interpret the information stored in them. Users always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our Service may not function as effectively or may be considerably slower.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Compliance With Laws
We may disclose personal information in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities.
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
In the event that we sell or buy businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control and other similar transactions, customer or user information is generally one of the transferable business assets. Thus, your personal information may be subject to such a transfer. In the unlikely event of insolvency, personal information may be transferred to a trustee or debtor in possession and then to a subsequent purchaser.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Australia and choose to provide information to us, please note that we transfer the information, including Personal Information, to Australia and process it there.
Access and Correction
Australian Privacy Principle 6 of the Privacy Act 1988 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.
Australian Privacy Principle 1 of the Privacy Act 1988 (Cth) allows you to make a complaint about any alleged breaches of privacy. In order to lodge a complaint with us, please contact us using the details above with the following information:
Your name and address;
Details of the alleged breach of privacy; and
URL link to the alleged breach of privacy (if applicable).
Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.
Retention of Information
We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children under 18 without verification of parental consent, we take steps to remove that information from our servers or replace it with the Personal Information of the Children’s parent or guardian.
End-User License Agreement (“Agreement”)
Last updated: March 1, 2022
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using Turbo-Chart (“Application”).
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Linear Project Software Pty Ltd (“LPS”) and it governs your use of the Application made available to you by LPS.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
The Application is licensed, not sold, to you by LPS for use strictly in accordance with the terms of this Agreement.
LPS grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of LPS or its affiliates, partners, suppliers or the licensors of the Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of LPS.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to LPS with respect to the Application shall remain the sole and exclusive property of LPS.
LPS shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
LPS reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
LPS may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, upgrades, enhancements and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that LPS has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that LPS shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. LPS does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or LPS.
LPS may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from LPS, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of LPS’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold LPS and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, LPS, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, LPS provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither LPS nor any of LPS’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of LPS are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of LPS and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall LPS or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if LPS or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
LPS reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of New South Wales, Australia, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
If you have any questions about this Agreement, please contact us.
The Agreement constitutes the entire agreement between you and LPS regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and LPS.
You may be subject to additional terms and conditions that apply when you use or purchase other LPS’s services, which LPS will provide to you at the time of such use or purchase.
1.1 This agreement is between Linear Project Software Pty Ltd (“LPS”), its nominated partners and the customer (individual or entity) that has downloaded or procures the licenses or Software for use as an end user (“You”). This Agreement covers all Software, Support and Maintenance services but excludes Professional Services.
1.3 The latest version of this and other Terms will be available from our website at http://www.turbo-chart.com/terms
1.4 If you receive the licenses or Software under an agreement with a nominated LPS partner
1.4.1 your use of the licenses or Software is subject to any additional terms set by the nominated partner
1.4.2 you agree to pay the nominated partner the fees agreed and you have no direct payment obligations to LPS for that purchase or subscription fees
1.4.3 Any partner agreement is between you and the nominated partner and is not binding on LPS.
1.5 LPS may terminate the Agreements (including your right to use the Software) in the event LPS fails to receive payment for your license or Software from the nominated partner or if you breach any term of our Agreements.
2.1 Turbo-Chart is provided to customers on a subscription basis, for periods of time as set by LPS, including annual, montly or timed subscriptions
2.2 Turbo-Chart is provided to a single user for use on a single PC for the period or the subscription, unless otherwise noted in any additional agreement
2.3 Whilst You are subscribed, You are entitled to
2.3.1 receive email support from LPS via firstname.lastname@example.org or via LPS nominated partners
2.3.2 receive updates of Turbo-Chart electronically delivered
2.4 In order to use the Software provided under the terms, You must provide a valid email address to activate or renew your copy of the Software with a valid license key or activation code provided to You by LPS or the nominated partner (“Activation Code”) at the time of purchase and/or submission of a uniquely identifiable user registration when prompted.
2.5 The registered email address will also be used to receive and access Software updates, support responses, product information and marketing communication by LPS
2.6 Licenses may not be transferred to other users or other PC’s, unless agreed to by LPS
3.1 You shall pay all fees associated with the Software licensed and any Support fees within thirty (30) days of the applicable date of invoice in the currency noted by Linear Project Software Pty Ltd or our nominated partners.
3.2 Except as mutually agreed between LPS, or our nominated partner and You, all fees are non-refundable once paid.
3.3 Linear Project Software Pty Ltd or our nominated partners will invoice for all applicable taxes including, but not limited to, VAT, GST, Sales tax, Consumptions tax and service tax.
4 TERM AND TERMINATION
4.1 Unless terminated sooner, your license to Software will continue while subscription fees are paid for each subscription period commencing from the Effective Date provided through an Ordering Document or invoice by LPS or our nominated Partner.
4.2 Where subscription fees are not paid, your license to Software will be considered as terminated, and You are no longer entitled to access Software, receive Software updates, or Software support.
4.3 After Termination any subsequent re-activation of Software will be treated as a new License purchase
5 SUPPORT AGREEMENT
5.1 While subscribed users can receive from LPS or its nominated partners:
Support for the latest release of the Software.
Updates to the latest release of Software delivered electronically (requires an available internet connection)
Receipt of user and Software update emails
5.2 Where support for questions or requests is available via product documentation or online, LPS or its nominated partners may refer users to these sources.
5.3 The following is NOT covered by Support and Maintenance:
Operational and/or Technical support for any complimentary or supporting tools (eg Primavera, MS Project)
Hardware, Network or Network Operating System support
Configuration or setup of PC’s and/or printers
Project Management, Planning or Scheduling consulting.
Customisation or modifications to Software
5.4 All material, data or information provided by users to LPS will be treated as confidential unless explicit authorisation is requested and granted by users.